WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If the 15- calendar day processing time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application. This service is only available for pending petitions, not new submissions, since USCIS received enough petitions in April to meet the FY 2018 cap.

In addition to today’s resumption of premium processing for H-1B visa petitions subject to the FY 2018 cap, USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.

USCIS plans to resume premium processing for all other remaining H‑1B petitions not subject to the FY 2018 cap, as agency workloads permit. However, remaining petitioners may submit a request to expedite their application if they meet the specific agency criteria. USCIS reviews all expedite requests on a case-by-case basis, and requests are granted at the discretion of the office leadership.

USCIS will release future announcements when they begin accepting premium processing for other H-1B petitions, not subject to the FY 2018 cap.

SUBSCRIBE TO BLOG

RECENT POSTS

CATEGORIES

RECENT COMMENTS

Footer menu

LABOR CERTIFICATION

The sponsoring employer must file a Labor Certification (a.k.a. PERM) with the Department of Labor certifying that there are ?no willing and able? U.S. workers to do the job the foreign national will perform. This is usually proved by submitting proof of advertising for the specific position, skill requirements for a particular job and verification of the prevailing wage for a position and the employer?s ability to pay the offered wage;

EB-1 PRIORITY WORKERS

28.6% of worldwide employment based preference level, plus any numbers not required for fourth and fifth preferences. Many foreign nationals would like to file under this priority because there is usually no wait time since the priority dates are usually current. In addition, there is no need to file a Labor Certification.

APersons of extraordinary ability

BOutstanding Professors and Researchers

CManagers and executives subject to international transfer to the U.S.

EB-2 PROFESSIONALS WITH ADVANCED DEGREES OR PERSONS WITH EXCEPTIONAL ABILITY

28.6% of the worldwide employment based preference level, plus any numbers not required by the first preference (EB-1). It is important to note that it is easier to obtain an approved I-140 under EB-3 than EB-2 because the job requirements for EB-2 are closely scrutinized by USCIS. Nevertheless, it is advantageous for foreign nationals of oversubscribed countries (China, Mexico, India and the Phillipines)

FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER

Must be filed by the sponsoring employer together with the Certified Labor Certification and evidence demonstrating the ability to pay the prevailing wage (i.e. federal tax returns, audited financial statements and annual reports). The sponsoring employer will also need to prove that the company exists by providing pictures, a copy of the office lease, contracts, etc. It is important to note that obtaining an approval of Form I-140 does not confer status and that the approval is entirely contingent upon the employee upon remaining in the same job.